The environmental limitations of the property right Cover Image

The environmental limitations of the property right
The environmental limitations of the property right

Author(s): Mihaela Cristina Paul
Subject(s): Politics / Political Sciences, Social Sciences, Law, Constitution, Jurisprudence
Published by: Editura Universitatii Petrol-Gaze din Ploiesti
Keywords: property right; environmental right; natural property; legislation;

Summary/Abstract: Sometimes,the two rights, the property right and the environmental right, are considered to be antagonistic, in the doctrine and jurisprudence they have attempted to reconcile them. In this work, we shall try to emphasise the fact that the Constitution must be revised, in order to highlight the protection and guarding of a "natural property" of any of the persons belonging to society.The property right cannot be considered to be a convention, as this right exists irrespective of the agreement between the parties, and denying this right does not lead to its abrogation, but to a violation of a natural right.As for the two fundamental human rights, things seem to be simple, but they are not; we must also learn from the experience of other countries, but we also need to improve the laws which do not confine the owner's responsibility. Each owner must comply with certain limits regarding the environment, in order to be able to enjoy their property in a harmonious, healthy and useful manner.

  • Issue Year: 1/2016
  • Issue No: 5
  • Page Range: 84-90
  • Page Count: 7
  • Language: English